Equitrans, L. P.
Original Volume No. 1
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Effective Date: 11/19/1998, Docket: CP96-532-001, Status: Effective
Original Sheet No. 448 Original Sheet No. 448 : Effective
FORM OF STORAGE SERVICE AGREEMENT
FOR RATE SCHEDULES SS-3 AND STS-1
Tariff. Equitrans warrants that the gas to be redelivered to Buyer shall
at the time of redelivery be free and clear of all liens and encumbrances and
claims whatsoever; and agrees to indemnify Buyer and save it harmless from all
suits, actions, debts, accounts, damages, costs, losses and expenses arising
out of adverse claims of any or all persons to said gas and/or to royalties,
taxes, license fees, or charges thereon which are applicable to such gas
and/or the delivery of such gas to Buyer. Provided, however, this provision
shall not apply to adverse claims of, or disputes among, the other purchasers
of storage and transportation service under the tariff schedule applicable to
Buyer.
ARTICLE XI.
Operational Flow Orders
Buyer hereby agrees that Transporter shall have the right to issue
operational flow orders pursuant to Section 11 of the General Terms and
Conditions which shall govern Buyer's rights under this service agreement.
[Buyer hereby authorizes Transporter to act as Buyer's agent under
operational flow orders applicable to this service agreement to deal directly
with Buyer's suppliers, operators or upstream transporters as is reasonably
necessary to secure compliance with the operational flow order.] [Omitted at
Customer's request]
ARTICLE XII.
Non-Waiver of Future Defaults
No waiver by either Equitrans or Buyer of any one or more defaults by
the other in the performance of any provision of this Agreement shall operate
or be construed as a waiver of any future default or defaults whether of the
same or of a different character.
ARTICLE XIII.
Modification
This Agreement embodies the entire agreement between the respective
parties hereto and there are no other provisions written, oral or implied or
other representations, indemnifications, or understandings of any kind